Administrative Law and Public Administration in the Global Social System
Administrative Law and Public Administration in the Global Social System
Contributor(s): Julien Cazala (Editor), Velimir Živković (Editor)
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, International Law, Public Administration, Public Law, Comparative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: administration reform; administrative law; public administration; Global Social System;
Summary/Abstract: This volume contains the scientific papers presented at the 3rd International Conference “Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective” that was held on 9 October 2020 online on Zoom. The conference is organized every year by the Society of Juridical and Administrative Sciences together with the Faculty of Law of the Bucharest University of Economic Studies. More information about the conference can be found on the official website: www.alpaconference.ro. The scientific studies included in this volume are grouped into two chapters: Administrative Law in the Global Social System and Public Administration in the Global Social System. This volume is aimed at practitioners, researchers, students and PhD candidates in juridical and administrative sciences, who are interested in recent developments and prospects for development in the field of administrative law and public administration at international and national level.
- E-ISBN-13: 978-606-94978-6-9
- Page Count: 277
- Publication Year: 2021
- Language: English
Social License and Administrative Law: A Challenge of Renewables
Social License and Administrative Law: A Challenge of Renewables
(Social License and Administrative Law: A Challenge of Renewables)
- Author(s):Oleg Zaichuk, Yuri Zaichuck
- Language:English
- Subject(s):Public Administration, Public Law
- Page Range:11-28
- No. of Pages:18
- Keywords:administrative law; European law; social licence; renewables; European Green Deal;
- Summary/Abstract:The goal of the European Green Deal to convert the EU into a climate neutral economy presents an opportunity for administrative law across the EU to develop a coherent approach toward a large-scale deployment of renewables. Due to their physical attributes, modern renewables create a number of obstacles for their wide scale deployment. The purpose of the paper is to investigate whether a top-down approach to creating a homogeneous streamlined approach to the development of the renewables-oriented set of administrative regulations across the EU is likely to facilitate the goal of the European Green Deal or, alternatively, the introduction of renewables should be left for individual EU countries to pursue at their own comfortable speed. The paper uses a comparative legal analysis by looking into a similar regulatory approach which has been tried in Canada. The paper concluded that a unification of the EU-wide administrative renewables’ placement regulations, if attempted, should be sufficiently slow and well-structured not to disturb a fragile balance between a need to expand the use of renewables and the right of local communities to accept their deployment at their comfortable speed.
Regulatory framework of administrative laws for rational utilisation of natural resource in India with reference to impact on environment
Regulatory framework of administrative laws for rational utilisation of natural resource in India with reference to impact on environment
(Regulatory framework of administrative laws for rational utilisation of natural resource in India with reference to impact on environment)
- Author(s):Harsh Pathak
- Language:English
- Subject(s):Administrative Law
- Page Range:29-35
- No. of Pages:7
- Keywords:minerals; climate change; protection; environment; judicial activism; sustainable development;
- Summary/Abstract:Minerals are substances that are formed naturally in the Earth. Minerals are solid, inorganic, non-renewable, limited natural resources and are important raw material used in the core sectors of the economy. In India, there is a huge deposit of several types of mineral resources. Mineral industry plays a vital role in India. The extraction of minerals form nature leads to global warming and often creates imbalance which adversely affect wildlife, fishery, climate, rainfall and ecology. Climate change presents a complex challenge for India, which is reflected in its evolving set of climate change laws and policies. The government has adopted various initiatives to comply with the Kyoto Protocol. The central national initiative on climate change is the National Action Plan on Climate Change. Action under NAPCC is premised on the principle of sustainable development, which for the purposes of climate change means achieving growth while at the same time minimizing greenhouse gas emissions.
Atypical Administrative Acts. The Administration Silence and the Absence of the Administrative Act
Atypical Administrative Acts. The Administration Silence and the Absence of the Administrative Act
(Atypical Administrative Acts. The Administration Silence and the Absence of the Administrative Act)
- Author(s):Iulian Nedelcu
- Language:English
- Subject(s):Public Administration, Administrative Law
- Page Range:36-43
- No. of Pages:8
- Keywords:administrative law; Law no. 554/2004 on administrative litigations; unjustified refusal; the theory of absence and the relationship between nullity and revocability;
- Summary/Abstract:The normative acts from the last period confirm the thesis according to which the silence of the administration signifies a tacit authorization. The doctrine expresses also the opinion according to which the refusal to settle, that is the unjustified refusal, and the silence of the administration would have the meaning only of “facts assimilated to administrative acts”. According to Law 554/2004 on administrative litigations, the concept of administrative act is extended compared to its ordinary meaning; within this concept, next to the unilateral express manifestation of will (the typical administrative act), the law introduces also the silence of the administration, respectively the unjustified refusal (the atypical administrative acts). It should be noted that not all refusals to solve a request according the petitioner’s will can be qualified as an unjustified refusal, but only when the refusal is an abuse, meaning in fact the excess of power of the administration over the person requesting the satisfaction of a legitimate interest. In administrative law, there have been discussions about the admission or not of the theory of absolute and relative nullities; the admission or not of the theory of annulment; the admission or not of the theory of non-existence and the relationship between nullity and revocability.
Considerations on the Admissibility of the Enforcement Appeal Requesting the Reduction or Elimination of the Penalties Established for the Non-Enforcement of a Court Decision Pronounced in the Matter of Administrative Litigation
Considerations on the Admissibility of the Enforcement Appeal Requesting the Reduction or Elimination of the Penalties Established for the Non-Enforcement of a Court Decision Pronounced in the Matter of Administrative Litigation
(Considerations on the Admissibility of the Enforcement Appeal Requesting the Reduction or Elimination of the Penalties Established for the Non-Enforcement of a Court Decision Pronounced in the Matter of Administrative Litigation)
- Author(s):Nicolae-Horia Țiț
- Language:English
- Subject(s):Administrative Law
- Page Range:44-60
- No. of Pages:17
- Keywords:enforcement appeal; admissibility; administrative litigation; penalty;
- Summary/Abstract:The study analyses the admissibility of the enforcement appeal formulated pursuant to art. 906 para. (5) of the Code of Civil Procedure, in case there have been established penalties for the non-execution in due time of a decision pronounced in the matter administrative litigation, based on art. 24 para. (4) of the Law no. 554/2004. Herein are analysed the common law provisions comprised in the Code of Civil Procedure, their compatibility with the special procedure regulated by art. 24 of the Law no. 554/2004 and the relevant elements of distinction for formulating the conclusions are being highlighted. Arguments from the jurisprudence of the High Court of Cassation and Justice and the Constitutional Court, as well as the opinions expressed in the doctrine, both in civil procedural law and in administrative law, are used for the purpose of the analysis. The conclusions of the study also highlight the manner in which the current regulation could be improved, through de lege ferenda proposals.
Theoretical Aspects Regarding the Acts Exempted from Control in the Administrative Contentious. Notions Concerning the Acts of Command of Military Character
Theoretical Aspects Regarding the Acts Exempted from Control in the Administrative Contentious. Notions Concerning the Acts of Command of Military Character
(Theoretical Aspects Regarding the Acts Exempted from Control in the Administrative Contentious. Notions Concerning the Acts of Command of Military Character)
- Author(s):Dumitru Ştefan Coman
- Language:English
- Subject(s):Administrative Law
- Page Range:61-68
- No. of Pages:8
- Keywords:administrative act; administrative contentious; command acts; judiciary control; public law;
- Summary/Abstract:In order to be in the presence of an act from this category, it must be about an act coming from a military authority (chief of the state, minister of defense, military commands, army corps, divisions etc.). Such acts cannot be issued by the civilian authorities, and also by the military authorities who because of their nature or purpose, they aren’t commands. The complexity of the military activities and the importance of fulfilling the army’s mission, by and large, it has been projecting during time a certain position the legislative body has been having regarding the notion of act of military command with military character, and especially concerning the intervention of the judicial power in the military decisional process. The law of the administrative contentious no. 544/2004 it preserves the same formulation present both in the Law no. 29/1990 and in the Law of the administrative contentious from the year 1925, the notion of “act of command with military character” which had been used for the first time, in the Romanian legal system in the article no. 107, final paragraph of the Constitution from the year 1923. The classification of a concrete administrative act in the sphere of the acts of command with military character it remains a question of court’s appreciation but this appreciation has to be done also from the point of view of the science of the public law.
Some Reflections on the Demarcation between the Notion of Interest, in the Sense of Condition for the Exercise of Legal Action, and the Concept of Legitimate Interest, as Defined by the Law on Administrative Contentious No. 554/2004
Some Reflections on the Demarcation between the Notion of Interest, in the Sense of Condition for the Exercise of Legal Action, and the Concept of Legitimate Interest, as Defined by the Law on Administrative Contentious No. 554/2004
(Some Reflections on the Demarcation between the Notion of Interest, in the Sense of Condition for the Exercise of Legal Action, and the Concept of Legitimate Interest, as Defined by the Law on Administrative Contentious No. 554/2004)
- Author(s):Raluca Laura Dornean Păunescu
- Language:English
- Subject(s):Administrative Law
- Page Range:69-82
- No. of Pages:14
- Keywords:administrative litigation; subjective right; legitimate interest; justification of an interest;
- Summary/Abstract:The present study aims to disseminate the appropriate distinction between subjective right and the legitimate interest in administrative litigation, a topic currently studied in a tangential way, under the aegis of the doctrinal custom of administrative law, as well as the demarcation between the notion of interest, in the sense of the condition for the exercise of legal action, and the concept of legitimate interest, as defined by the Law on Administrative Disputes No. 554/2004. The deepening of the study tends to use various research methods to achieve the proposed research objectives, such as the historical method, as it highlights the analysis of evolution over time, by presenting the legislative regulation, the comparative method, because interdisciplinary aspects are presented, the logical method, which tends to outline a more rigorous legislative exposition, the critical method, in order to present the opposing approaches and opinions supported in the doctrine, as well as the systemic method, which tends to bring scientific research a cardinal importance through contributing aspects of research. The novelty in relation to the existing doctrinal research lies in treating the study of this issue from the perspective of civil procedural law, taking into account the importance of interdisciplinary approach to the subject, meaning that the author understands to make important references about the general condition of exercising an action, respectively the justification of an interest.
Particularities of the Administrative Oversight in the Context of the Commissioner Exercise of the Action for Annulment Based on the Provisions of the Law no. 554/2004 of the Administrative Contentious and the Administrative Code
Particularities of the Administrative Oversight in the Context of the Commissioner Exercise of the Action for Annulment Based on the Provisions of the Law no. 554/2004 of the Administrative Contentious and the Administrative Code
(Particularities of the Administrative Oversight in the Context of the Commissioner Exercise of the Action for Annulment Based on the Provisions of the Law no. 554/2004 of the Administrative Contentious and the Administrative Code)
- Author(s):George-Bogdan Ionita
- Language:English
- Subject(s):Administrative Law
- Page Range:83-91
- No. of Pages:9
- Keywords:administrative oversight; action for annulment; commissioner; standing to bring proceedings; legislative changes;
- Summary/Abstract:The present research aims to carry out a complete and objective analysis of the institution of administrative oversight following in particular the observation and study of the action for annulment formulated by the commissioner. The first objective of the study is to present the relevant legislation on administrative protection as well as to observe the main legislative changes that have had an impact on the research topic. The second objective aims at making a short presentation of the commissioner’s institution, based on which it is possible to analyze particular procedural aspects such as the specificity of the quality to bring to an action conferred by the Law no. 554/2004. Given that this research aims to fully analyze the institution of administrative oversight, in this context could not be omitted the control of specialized oversight exercised by the National Agency of Civil Servants. Regarding the research methods used in this study, the deductive method was used, which involved theoretical documentation starting from the applicable normative material and the literature, as well as the inductive method, which involved the analysis of concrete situations existing in jurisprudence in order to observe various solutions. Regarding the implications of the study, it mainly aimed to analyze the functioning of administrative oversight in the context of legislative changes in both administrative and procedural legislation.
The Social Body Concerned and Administrative Litigation. The Stages of a Dispute
The Social Body Concerned and Administrative Litigation. The Stages of a Dispute
(The Social Body Concerned and Administrative Litigation. The Stages of a Dispute)
- Author(s):Dan Constantin Mâţă
- Language:English
- Subject(s):Administrative Law
- Page Range:92-103
- No. of Pages:12
- Keywords:administrative litigation; interested social body; association; legitimate public interest; legitimate private interest;
- Summary/Abstract:The notion of social body is provided in the Romanian Constitution, in connection with the fulfilment of the Government's duties, and defined in Law no. 554/2004 of the administrative litigation. This category includes non-governmental structures, trade unions, associations, foundations and any other private legal person, the object of activity of which is the protection of the rights of different categories of citizens or, as the case may be, the proper operation of public administrative services. The law of administrative litigation assimilates the notion of social body to that of a person injured by a public authority by means of an administrative act or by the failure to settle a request within the legal term. Through the action drawn up, the social body may claim the damage of a legitimate public interest or of the legitimate rights and interests of certain natural persons. Considering these legal provisions in the doctrine and case law of administrative litigation, a long dispute has emerged regarding the category of litigation triggered by the action filed by the social body. In one case, it was considered that we are in the presence of an objective litigation, and therefore the social body can file the action on the basis of a damage to a legitimate public interest, without the possibility to claim damage compensation. In another case, representing the majority in both the doctrine and case law, it was stated that the action filed by the social body triggers a subjective litigation, and therefore the petitioner must justify the injury of a subjective right or of a legitimate private interest. The High Court of Cassation and Justice clarified this issue regarding the situation in which the subject of referral to the administrative litigation court is represented by an association. By Decision no. 8/2020, a second appeal was settled in the interest of the law, being established that an association, as social body concerned, can claim the legitimate public interest alternatively to the claiming of a legitimate private interest. The article analyses, from a critical perspective, the evolution of this controversy in relation to the main doctrinal approaches and to the tendencies of the case law in this matter .
Some Discussions Regarding the Establishment and Contestation of Fiscal Precautionary Measures
Some Discussions Regarding the Establishment and Contestation of Fiscal Precautionary Measures
(Some Discussions Regarding the Establishment and Contestation of Fiscal Precautionary Measures)
- Author(s):Alin Trailescu
- Language:English
- Subject(s):Law on Economics, Administrative Law
- Page Range:104-117
- No. of Pages:14
- Keywords:fiscal precautionary measures; establishment; contestation; fiscal law;
- Summary/Abstract:The precautionary measures represent means of preserving the patrimony of the taxpayers and, at the same time, of guaranteeing the execution by them of the fiscal obligations. Being used by the fiscal bodies and having an impact on the economic activity of the taxpayers, the precautionary measures present a special theoretical and practical interest. For this reason, the author aims to detect doctrinal and jurisprudential controversies in connection with certain procedural aspects regarding the establishment of precautionary measures, such as, for example, the hearing of the taxpayer under the conditions of art. 9 of the Fiscal Procedure Code, expressing its own opinion on the fulfillment by the fiscal body of this precondition that is limited to the taxpayer's right to be heard. The author also aims to highlight, from a critical perspective, the legislative inconsistencies, on the one hand, regarding the procedure for challenging the acts establishing and applying precautionary measures and, on the other hand, regarding the order of priority provided by law for the unavailability of the taxpayer's assets and income. At the same time, the author highlights the legislative inconsistencies in the matter of fiscal and criminal precautionary measures from the perspective of Decision no. 581/2019 pronounced by the Constitutional Court of Romania, as well as the practical implications of this non-correlation. Finally, capitalizing on these controversies, inconsistencies and legislative inconsistencies, the author formulates several proposals for de lege ferenda.
About the Legal Value of the Decision Pronounced by the Administrative-Fiscal Contentious Court before the Criminal Court (or, rather, about the lack of any value)
About the Legal Value of the Decision Pronounced by the Administrative-Fiscal Contentious Court before the Criminal Court (or, rather, about the lack of any value)
(About the Legal Value of the Decision Pronounced by the Administrative-Fiscal Contentious Court before the Criminal Court (or, rather, about the lack of any value))
- Author(s):Angelica Roșu
- Language:English
- Subject(s):Criminal Law, Administrative Law
- Page Range:118-130
- No. of Pages:13
- Keywords:administrative contentious; criminal proceedings; res judicata authority; legal security; unconstitutionality;
- Summary/Abstract:The present approach is dedicated to the analysis of the discrepancy between the theoretical approaches of the principle of legal security - respectively the way it is defined and developed - and the factual reality, the national judicial practice confirming its ignorance. The analysis is circumscribed by the way in which, within the limits of the principle of legality, the criminal relations of conflict deduced at trial could be established after the pronouncement, between the same parties and based on the same factual situation, of a final judgment in civil matters - especially in the matter of the fiscal administrative contentious; although the res judicata authority of the latter decision should not be questioned, being regulated by art. 52 par. (3) Code of Criminal Procedure, it will be found that the defeat of this principle is carried out "at the hands of the legislator", the enunciated text being a generator of legal insecurity.
The Factors on which Islamist Extremism in the Western Balkans
The Factors on which Islamist Extremism in the Western Balkans
(The Factors on which Islamist Extremism in the Western Balkans)
- Author(s):Kole Krasniqi
- Language:English
- Subject(s):Public Administration, Geopolitics
- Page Range:131-137
- No. of Pages:7
- Keywords:Islamic terrorism; Islamic fundamentalism; Islamic extremism; Kosovo; Western Balkans;
- Summary/Abstract:The region of the Balkans in general had always been areas where different cultures and the influences of major powers clashed. The influence of the Roman Catholic Church collided with that of the Byzantine Orthodox Church, Islam clashed with Christianity and the geostrategic interests of the East collided with those of the West. These cultural and religious clashes on the same territory as well as the impacts of the different geostrategic interests resulted over the course of the past centuries in the development of different competitive cultures and religions sometimes opposed to each other in Western Balkans. Irrespectively of this religious and cultural diversity, the Albanian people have not been treating these ideological divides as separations of the entire nation based on a religious basis. Rather, they have been cultivating feelings of harmony, tolerance and understanding with respect to members of other faiths. But unfortunately, the traditional model of harmony and interfaith tolerance that had existed in Kosovo for centuries hascome more and more under attack in recent times. The origin of these attacks extends from the beginning of 1992, when civil war began in Bosnia and Albania joined the Organization of the Islamic Conference.
Challenges of Public Administration in the Global Digital Era
Challenges of Public Administration in the Global Digital Era
(Challenges of Public Administration in the Global Digital Era)
- Author(s):Olga Sovová, Zdeněk Fiala
- Language:English
- Subject(s):Public Administration
- Page Range:138-146
- No. of Pages:9
- Keywords:global digital era; public administration; public service; collaborative governance; public-private partnership; self-governance; learning society; learning organisation; human rights;
- Summary/Abstract:Global information society requires new legal, managerial and practical approaches to the daily and long-term tasks of the public administration. Public officers, as well as the users of public services, face new challenges. The digitisation of everyday life is one of the most important of them. The paper highlights inevitable changes in users’ demands and stresses the new role of the public administration. The administration, as well as public officers, have to move from the old part of lordly decision making to the position of cooperative and supporting manager. The paper examines the possibilities brought by the digitisation, artificial intelligence and learning society to the practice of the public administration. The paper addresses not only the positives but also negative impacts of the digital public service. The paper stresses that the challenges are connected with the necessity to support self-governance and responsibility of public servants as well as each community and a single user. The paper underlines the methods of collaborative governance and public-private partnership as useful methods to comply with demands in the global digital era. The article, using the methodology of analysis of the doctrine and case-law, examines the impact of the digital age on public administration, which should convert into the learning organisation. The paper concludes with the discussion of how to connect the challenges of the global digital era with the execution of the necessary task of the public administration and the protection of human rights.
Work Performance and Flexibility – Opportunities and Risks
Work Performance and Flexibility – Opportunities and Risks
(Work Performance and Flexibility – Opportunities and Risks)
- Author(s):Ioana Cristina Neagoe-Diniță
- Language:English
- Subject(s):Law on Economics
- Page Range:147-160
- No. of Pages:14
- Keywords:teleworking; agile working; rating; performance; working time; working pace; work life balance;
- Summary/Abstract:Flexi working is by far the star of 2020 in the context of the pandemic and its effects. Working from home, teleworking, flextime are the pillars of the new paradigm of the labor market. Not only necessary, but vital for saving jobs, flexi work becomes a stepping stone to the relationship between employee and employer. Started as a solution to ensure work-life balance, flexi working has become a hidden enemy of the very balance it should support. It extended the work schedules all day long, imposed new working pace under the pressure of emergency state, took over the whole private life of the workers. The concepts of job sharing freelancing are no longer features of the future. Crisis flexi working undertakes our professional life, contributing to a precarious scent to classic working relationships. Between use and abuse, crisis flexi working pushes employers to see an increase in labor productivity under the ever-awaken eye of computers and IT applications, raising privacy issues. Office work is becoming a social El Dorado, while employers are shrinking offices and expanding them into our homes. With certain advantages and vulnerabilities.”The Future of Work is now” and gives opportunity to analyze it from a labor law, administrative and human resources perspective.
Globalization, political, economic changes and digitalization, factors of the emergence of precarious work. Case study - COVID 19
Globalization, political, economic changes and digitalization, factors of the emergence of precarious work. Case study - COVID 19
(Globalization, political, economic changes and digitalization, factors of the emergence of precarious work. Case study - COVID 19)
- Author(s):Raluca Anderco
- Language:English
- Subject(s):Law on Economics
- Page Range:161-167
- No. of Pages:7
- Keywords:precarious work; worker; economic development; atypical form; risk; COVID 19;
- Summary/Abstract:The economic and social changes of the mid-1970s, following the development process, had significant effects on the structure and dynamics of the standard employment contract. European countries have been forced to cope with the high level of unemployment and the imbalance that has been created on the labor market. Thus, the globalization of markets and the development of labor relations have increased the level of competitiveness, unpredictability and insecurity among companies. Therefore, only companies that have been able to adapt to these changes, that have become innovative and that have implemented flexible work schedules, have been able to survive and cope with the growing demands of customers.
The Essence of the CIMIC Force Understanding and the Necessity of Training the Future CIMIC Specialists, as a Specific Category of Public Service
The Essence of the CIMIC Force Understanding and the Necessity of Training the Future CIMIC Specialists, as a Specific Category of Public Service
(The Essence of the CIMIC Force Understanding and the Necessity of Training the Future CIMIC Specialists, as a Specific Category of Public Service)
- Author(s):Elvira Titko, Ilona Kurovska
- Language:English
- Subject(s):Public Administration, Administrative Law
- Page Range:168-187
- No. of Pages:20
- Keywords:civil-military cooperation; CIMIC; civilian and military elements; CIMIC specialists; CIMIC professional training;
- Summary/Abstract:The article shows the experience of two world wars with numerous casualties, did not contribute to the end of armed conflicts, which still take place in various parts of the world. The concept of military policy, which has been aimed at solving problems at any cost over the centuries, lost its relevance today. The idea of cooperation between civilian and military elements/structures, primarily for a better understanding of the needs of the former, assistance to the civilian population and its protection, have been revealed in the article. Exactly this kind of work (activity) should contribute to an increase of efficiency in performing the tasks assigned to the mission, provided the fact of better understanding the situation at the place of the operation. However, applying the military element in case of need at peacetime today is also not a new approach. The formula for cooperation between the military and civilian elements, as well as the need to attract appropriate specialists, like those of CIMIC, that act as a special category of public service, arise as a question within this context. The essence and features of the СIMIС forces activities in missions, the need to use СIMIС forces, both at armed conflict and in a crisis, that requires a quick response and military potential at peacetime, the key areas of training СIMIС specialists within the interaction between the military and civilian elements, especially nowadays conditions, have been revealed.
The Right to Information and Consultation of Civil Servants and Contract Staff of Public Authorities and Institutions in the Collective Redundancy Procedure
The Right to Information and Consultation of Civil Servants and Contract Staff of Public Authorities and Institutions in the Collective Redundancy Procedure
(The Right to Information and Consultation of Civil Servants and Contract Staff of Public Authorities and Institutions in the Collective Redundancy Procedure)
- Author(s):Maria Violeta Duca
- Language:English
- Subject(s):Administrative Law
- Page Range:188-203
- No. of Pages:16
- Keywords:Labor Code; right to organize; reorganization of public institutions and authorities; social dialogue; the right to information and consultation of employees' representatives;
- Summary/Abstract:The paper analyzes the right to information and consultation of civil servants and contract staff within public authorities and institutions in the collective redundancy procedure, in terms of the requirements of Article 11 on the right to organize and Article 14 on the prohibition of discrimination in the European Convention on Human Rights. Considering that this category of personnel was expressly exempted by the provisions of art. 74 para. (5) Labor Code of the mechanism for the protection of workers affected by collective redundancies, the research seeks to identify whether, in domestic law, other special primary regulations provide for the right to information and consultation of employees of public authorities and institutions affected by collective redundancies. The study shows that the legislative protection mechanisms for this category of workers do not provide for a specific right of workers' representatives to be informed and consulted in the collective redundancy procedure. Given the evolution of the jurisprudence of the European Court of Human Rights, the paper highlights the need for a reflection on the right to information and consultation of employees in the collective redundancy procedure that cannot be excluded from the content of the right to trade union without strong and convincing arguments to support the proportionality test.
Jurisprudence Aspects about Representation in Public Utility Contracts for Territorial Administrative Units
Jurisprudence Aspects about Representation in Public Utility Contracts for Territorial Administrative Units
(Jurisprudence Aspects about Representation in Public Utility Contracts for Territorial Administrative Units)
- Author(s):Sandra Grădinaru
- Language:English
- Subject(s):Public Administration, Administrative Law
- Page Range:204-211
- No. of Pages:8
- Keywords:power of representation; public service provision contract; debts; foreclosure;
- Summary/Abstract:The issue analyzed in this paper refers to the mandate given by the territorial administrative unit of Iași to a company with state capital. This mandated company has as object of activity the administration of condominiums. The mandate was conferred by a Local Council Decision by which the administrator (agent) could sign contracts with public service providers on behalf of the administrative-territorial unit. Beyond the fact that the limits of the mandate were expressed by Local Council Decision, and the specialized literature and judicial practice is majority in appreciating that this Local Council Decision can be equivalent to a mandate given by the territorial administrative unit for the condominium administrator to conclude contracts with suppliers, we aim to analyze a distinct judicial practice. By Sentence no. 6882/17.08.2020, the Iași District Court decided that the mandate given to the condominium administrator is not an express one, and in the Local Council Decision it is mentioned that the administrator will conclude the contracts with the suppliers in his own name. For this reason, the court considered the mandate given to the administrator to be ineffective. During the paper, we will demonstrate the judicial error of the court because the phrase "in its own name" found in the Local Council Decision can only be assessed in the sense that the administrator will represent the territorial administrative unit when concluding contracts for public utilities. The court's interpretation is incorrect, as it claims that the territorial administrative unit mandated a company with state capital to conclude contracts with suppliers in its own name. Clearly, the mandate was given to the administrator to conclude public utility contracts on behalf of the territorial administrative unit.
Administrative Review and Reform Movements from the Perspective of International Investment Law
Administrative Review and Reform Movements from the Perspective of International Investment Law
(Administrative Review and Reform Movements from the Perspective of International Investment Law)
- Author(s):Cristina Elena Popa Tache
- Language:English
- Subject(s):International Law, Administrative Law
- Page Range:212-217
- No. of Pages:18
- Keywords:foreign investment; international law; public administration; reform;
- Summary/Abstract:The study aims at the administrative implications generated by the regulation or non-regulation of the legislative ensemble with an impact in this field. The combination of these pieces in a legal mechanism or, better said, the assembly between international investment law and administrative law is a cascade of sources of legislation, jurisprudence and doctrine, trialism of great use for the evolution and reform of both areas of law, and for the realization of this study were required a coherent mix between transdisciplinary research methods, being used in this context, the methods: qualitative, comparative and quantitative. Taking into account these review movements, administrative law and administrative issues arising at almost all levels, including the institutional ones, are in front the manifestation of a particularly active role conferred by this unprecedented moment, in which states and investors must rely on a comprehensive legislation, in which to find complete regulations and harmonized with the international law of foreign investments.
Some Reflections on Local Public Engagement Platforms as a New Universal and Democratic Vaccine
Some Reflections on Local Public Engagement Platforms as a New Universal and Democratic Vaccine
(Some Reflections on Local Public Engagement Platforms as a New Universal and Democratic Vaccine)
- Author(s):Raluca Onufreiciuc
- Language:English
- Subject(s):Public Administration
- Page Range:218-228
- No. of Pages:11
- Keywords:civic engagement; online platforms; public participation; local governance; transparency; technology;
- Summary/Abstract:In an international context of serious low trust between citizens and governments, the role of participatory platforms becomes crucial in the following years. Citizens consultation and participation in decision making processes especially at the local level must have a constant character and transform into a good practice providing new improved tools of two-way interactions. In the article we explore and analyze the use of these platforms and other practices for local innovation in the European Union and US, underlining their main goal and activities which need to be implemented.
Is Kitsch in Local Public Administration an Effect of the Discretionary Power?
Is Kitsch in Local Public Administration an Effect of the Discretionary Power?
(Is Kitsch in Local Public Administration an Effect of the Discretionary Power?)
- Author(s):Valentina Cornea
- Language:English
- Subject(s):Public Administration
- Page Range:229-244
- No. of Pages:16
- Keywords:administration; kitsch; opportunity; ophelimity; social utility;
- Summary/Abstract:The role of local administration is to develop good policies and decisions in order to satisfy the public interest. In the present study, the principles of aesthetical analysis are related to the criteria of opportunity by which the local public administration guides in appreciating the opportunities of the administrative acts and the strategies of action. The idea that the administrative practices of the local public authorities, legal and justifiable by admitting the discretionary power are in the position of being caught by kitsch is argued for. Inadequacy, overcrowding, mediocrity are the main manifestations of kitsch in the administration and is often confused with modernization. By replacing the aesthetic ideal of “beauty” with that of “pleasure” or “attractiveness”, the phenomenon leads to populist decisions to the detriment of those having social utility. The paper points that aesthetic judgement raises the probability of finding valuable arguments and solutions that are good for the process of debating and adopting decisions. In this study the concept is approximated by examples. This methodological strategy is applied in order to ensure the passing from a concrete connotation to the explicit scientifically stated. By aesthetical analysis the characteristics of kitsch in public administration are identified, as well as its premises and consequences.
Work Discipline in the Workplace, with a Special Focus on the Concept „Repeated Breaches or Gross Breach of Labour Discipline”. Some Elements of Comparative Law
Work Discipline in the Workplace, with a Special Focus on the Concept „Repeated Breaches or Gross Breach of Labour Discipline”. Some Elements of Comparative Law
(Work Discipline in the Workplace, with a Special Focus on the Concept „Repeated Breaches or Gross Breach of Labour Discipline”. Some Elements of Comparative Law)
- Author(s):Mihaela-Emilia Marica
- Language:English
- Subject(s):Law on Economics, Comparative Law
- Page Range:245-260
- No. of Pages:16
- Keywords:labour discipline; labour law; dismissal; disciplinary sanction; minor disciplinary breach;
- Summary/Abstract:This article discusses the problematic aspect relating to the employee dismissal based on application of the disciplinary liability. It contains analysis of two grounds to attract the disciplinary liability of employee: 1) committing repeated breaches of labour discipline by employee and 2) the employee has only one breach of labour discipline but a gross one. This article is based on legal regulations and the practice of courts in Romania in order to provide the legislative execution practice as well as reveal the problems in this field of labor law. Also, the comparative law elements by reference to states such as Lithuania, Russia, Spania, New Zealand, South African are very important in order to uncover various perspectives, both theoretical and practical, in terms of disciplinary liability.
Aspects Regarding the Criminal Liability of the Civil Servant
Aspects Regarding the Criminal Liability of the Civil Servant
(Aspects Regarding the Criminal Liability of the Civil Servant)
- Author(s):Cristina Gavriloiu
- Language:English
- Subject(s):Criminal Law, Administrative Law
- Page Range:261-268
- No. of Pages:8
- Keywords:criminal liability; offense; criminal justice; criminal law; administrative law; civil servant;
- Summary/Abstract:The point of convergence between administrative law and criminal law is increasingly identified as a practical reality, and not a simple issue that arouses the interest of doctrinal debates, especially with regard to the criminal liability of civil servants. In the present paper, the author tries to draw an overall perspective on the criminal liability of the civil servant in the light of the Criminal Code, taking into account that the approach to criminal law is broader than that stated in the Civil Servant Statute or in the new Administrative Code. Thus, the person appointed to a public office who performs his duties and responsibilities in order to achieve the public interest and in compliance with the law will be safe from liability. At the same time, in the exercise of his attributions and responsibilities, the civil servant must always be vigilant so that he does not fall into entanglements that can attract criminal liability.
Considerations on Protection of Whistleblowers at the European Union Level
Considerations on Protection of Whistleblowers at the European Union Level
(Considerations on Protection of Whistleblowers at the European Union Level)
- Author(s):Ioana Nely Militaru
- Language:English
- Subject(s):EU-Legislation
- Page Range:269-277
- No. of Pages:9
- Keywords:enterprise; public sector; private sector; harm; whistleblower; freedom of expression;
- Summary/Abstract:In recent years, numerous irregularities have been found within organizations, respectively enterprises, in the public and private sectors. These irregularities are capable of seriously harming the public and private interests, respectively, in the medium and long term. In order to prevent possible irregularities, it was necessary to guarantee the protection of whistleblowers, given that their identity is made public. In order to strengthen the protection of whistleblowers at European Union level, the Commission proposes a directive on the protection of persons reporting infringements of European Union law. The Commission's approach is based on the case law of the European Court of Human Rights on the right to freedom of expression and the 2014 Council of Europe Recommendation on the protection of whistleblowers.
